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Unregistered
05-23-2011, 05:42 PM
My mother owned a property in spain in her name only as my stepfather was bankrupt. In december 2010 on a visit to england my mum died.No wills were made in spain or england. My stepfather now says that he is having the house put entirely in his name and that they had a hand written will that is legally binding , leaving everything to him.Can he do this ? He has two sons from a previous marriage, and my mum has two daughters from her first marriage. There are no children from their marriage.

Patricia
06-08-2011, 04:55 PM
Hello,

Welcome to the belegal forum.

Even if your mother had a handwritten will, this could be legally challenged. Also, if she had no assets in UK, the legitimate rights in Spain have to be considered ( In Spain, offspring always has the right to a legitimate share in the inheritance ). If on the contrary she did have assets in UK, it could happen that according to UK law the legitimate rights were applicable. In any case, your stepfather has no legitimate right to be adjudicated your motherĀ“s house. The case must be revised by a solicitor that will provide with an appropriate answer once he has all the specifics of the case and the related documentation.

If you are interested in instructing a Lawyer to represent you in the inheritance proceeding, please do not hesitate to e-mail us through our contact form.

Kind regards,